Estate of James R. Tobias, Deceased, V. Pauline Tobias, Executrix, and Verna P. Tobias, Surviving Spouse - Page 12




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             interest in the partnership", pursuant to section 1.704-                 
             1(b)(3)(i), Income Tax Regs.  Respondent disagrees,                      
             however, with the estate's assertion that the partners each              
             have a 50-percent interest in the partnership, and instead               
             argues that James has a 100-percent interest in the                      
             partnership.  Thus, respondent contends that all of the                  
             income reported by the animal farm business for the years                
             1990 through 1993 should be allocated to the estate.  In                 
             support thereof, respondent notes that, "up to 1994, James               
             had contributed almost $1,000,000 more in capital to the                 
             partnership than Darwin."  Respondent further notes that,                
             "under applicable state law, James is entitled to a                      
             liquidation distribution of the amount by which his                      
             contributions exceed Darwin's before Darwin is entitled to               
             any distributions."  Finally, respondent notes that "the                 
             value of the partnership's assets in excess of its                       
             liabilities amounted to less than $150,000".  Therefore,                 
             according to respondent, James bore the entire economic                  
             benefit and burden of the partnership income during the                  
             years in question and should be allocated all of the                     
             partnership income for the years in issue.                               
                  In effect, respondent acknowledges that the protective              
             notice of deficiency issued to Darwin and his wife in which              
             respondent adjusts their income for 1990, 1991, and 1993                 






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